Bring Light Site Terms of Service

You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of Bring Light's Site (http://www.bringlight.com) ("Site"). There are three types of Users of the Site: (1) visitors of the Site who access the Site for informational purposes ("Visitors"), (2) users of the site that recommend grants to charitable projects through the Site ("Donors"), and (3) nonprofit charitable organizations using the site to publicize projects and obtain donations ("Charities").

The "Terms Applying to All Users" below apply to all Users of the Site. The "Terms Applying to Donors" set forth below are additional terms that apply to Donors who use the Site. The "Terms Applying to Charities" set forth below are additional terms that apply to Charities who use the Site.

Terms Applying to All Users

You must be 13 years of age or older to be a User of Bring Light's Site. By continuing to use the Site, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service. If you do not agree with these Terms of Service, immediately stop using the Site.

Updates to the Terms of Service

This Terms of Service Agreement was last updated on April 27, 2007. We reserve the right, at any time, to modify the Site and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Site after modifications are posted will be considered an acceptance of the modified Terms of Service.

Description of Services

This Site is owned and operated by Bring Light Inc., a California Corporation with a principal place of business at 19925 Stevens Creek Blvd., Cupertino, California, 95014 USA. Our Site provides Charities with the ability to promote and provide information (each a “Project Ad”) about the Charity and its charitable projects (“Projects”); provides Donors with the ability to recommend a grant to Projects through Bring Light’s Donor Advised Fund (“DAF”), which is currently American Endowment Foundation; provides messaging capabilities between Donors and Charities (“Messaging”); and provides the ability for all Users to submit comments (“User Comments”) regarding Charities or Projects.

You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided “AS IS”.

Registration Data, Passwords, and Privacy

By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate.

During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times.

You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify us immediately if you learn of an unauthorized use of your password.

All information we obtain about or from you in connection with your use of this Site is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service.

Conduct on Site

You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your submissions or communications through the site, including but not limited to Ads and associated photos, graphics, videos, or descriptions; forms of electronic communication such as Messaging; Comments; and communications via Site registration and other forms (collectively, “Submissions”).

You agree that you will not upload, share, or otherwise distribute any Submissions-- including text, graphics, images, sounds, data, music, or other information -- that:

1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
7. contain measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site.

We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We retain the right to, but do not regularly pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

Furthermore, Comments that are submitted to the Site may be rejected or removed at any time by us, or by the Charity or Charities that are the subject of the Comment, at the sole discretion of the person or entity removing the comment. You recognize and agree that you have no right, and we have no obligation, to display your Comments on the Site.

If you would like to notify us of content which you believe does not comply with these Terms of Service, please notify us at: support@bringlight.com. Make sure to include both the Uniform Resource Locator (“URL”) for the non-complying content, and the reasons you believe it does not comply. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Bring Light arising from your exposure to such materials.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement of any fees if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Third Party Sites and Information

Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party Sites, services, or products.

Intellectual Property

a. Bring Light's Intellectual Property Rights. Bring Light is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.

Bring Light's trademarks and/or service marks may not be used in connection with any product or service that is not provided by Bring Light, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Bring Light.

b. Others’ Intellectual Property Rights. Bring Light deeply respects the third party intellectual property rights that may be implicated by Users of the Site. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

In making Submissions (as defined above) to the Site, you will be able to use your own text, as well as upload your own image content such as photos, graphics, or video segments (“Image Content”). The Submissions may have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Submissions.

Submissions may be protected by copyright, even if not marked with the © symbol. If you are not the creator of all or part of the content of your Submissions, then you should get permission from the creator of the content or the copyright holder to use the content in your Submission. Furthermore, if you want to submit Image Content of someone other than yourself, you should get permission from the individuals portrayed in the Image Content before submitting or displaying it.

Do not upload or provide us with any Submissions that are confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site or shared with us or others through the Site.

You warrant that all Submissions uploaded or shared by you, either from your own computer or another website/server, are either created and owned by you, or you have the necessary licenses, rights and permissions to use the content in your Submissions.

You hereby grant to Bring Light a royalty-free, worldwide, non-exclusive, transferable, sub-licensable, perpetual license to use, copy, create, display, perform, host, modify, and create derivative works of your Submissions, in whole or in part, as contemplated by the Site and these Terms of Service.

All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.

c. Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), Bring Light designates the following individual as its agent for receipt of notifications of claimed infringement:

To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.

You acknowledge and agree that upon receipt and notice of a claim under this section, we may immediately remove the identified materials from our site without liability. The claims of the complaining party and party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Disclaimer of Warranties

ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE USE OF THE SERVICES, THE SHARING OR UPLOADING OF CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES’ WEBSITES TO WHICH THE SITE IS LINKED, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOUR exclusive remedy and Bring Light's entire liability, if any, for any claims arising out of this site shall be limited to the amount you paid Bring Light, if any, for any services available through the site during the six-month period before the act giving rise to the liability.

IN NO EVENT SHALL BRING LIGHT OR AMERICAN ENDOWMENT FOUNDATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR CONTENT. BRING LIGHT SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR CONTENT.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Bring Light, its parents, subsidiaries, affiliates, officers, employees, and American Endowment Foundation, American Endowment Foundation's officers and employees harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the site, (b) your Submissions, (c) the violation of laws, rules, regulations or terms this Agreement, (d) any activities arising out of use of your account, or (e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Bring Light reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Bring Light in asserting any available defenses.

International Use

Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. This site is not a solicitation for or offering of any service to any person in any jurisdiction where such solicitation or offering would be illegal.

Governing Law

The laws of the state of California, USA, will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Northern District of California in San Jose, California USA.

Notices

All notices to a User or to Bring Light shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@bringlight.com, if by email, or at Bring Light, Inc., 19925 Stevens Creek Blvd., Cupertino, CA 95014 USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the Site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

Miscellaneous

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Agreement may be assigned by Bring Light, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.

We may terminate or suspend your use of this Site at our discretion and for any reason. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Miscellaneous.

Terms Applying to Donors

Donor Accounts

You are a Donor if you have registered on the Site to make donations. All donations on the site are processed through your “Donor Account.” This means that funds charged to your credit card will be contributed to the Bring Light Donor Advised Fund at American Endowment Foundation (“AEF”), an IRS-recognized 501(c)(3) public charity. AEF will distribute your donation to the charity that you recommended. As required by the Internal Revenue Service, AEF has exclusive legal control over the donation. All charities are pre-screened by Bring Light and AEF to ensure compliance with IRS Code 501(c)(3), but in the event that a charity is no longer eligible to receive donations, AEF will return the funds to your donor Account.

Your credit card transaction is processed through a third party payment portal, TrustCommerce (http://www.trustcommerce.com). Your credit card transactions are subject to the policies and terms defined by TrustCommerce, and we assume no responsibility for such transactions.

Funding of your Donor Account is irrevocable.

You will receive an email confirmation with all the information you need for tax-filing purposes. You are responsible for preparation and filing of your federal and state taxes, and if you have questions or concerns, should contact a qualified tax professional. We will not provide you with tax-related advice.

Although our Charities have been pre-screened by us to ensure they comply with IRS Code 501(c)(3), we make no representations or warranties relating to the Charities, do not endorse the Charities, nor do we assume any liability for the Charities. Although the Charities represent their intended projects, we have no control or responsibility over how your Donations will be used by the Charities.

If your Donor Account maintains an unused positive balance for a period of five (5) years, American Endowment Foundation will, at its sole discretion, with or without advice from you, Donate all of such balance to charitable organizations of its choice.

Terms applying to Charities

Application Process

To become a Charity through us, you must submit an application (found on the Site). Your application will be reviewed by us, and if accepted, you will receive a confirmation email with information on how to access your account. You must have IRS Code 501(c)(3) status for your application to be approved. However, we reserve the right to deny your application for any or no reason at our sole discretion.

You represent and warrant that all information you provide to us in connection with your application is true, accurate and complete. You agree to immediately advise us of any change in facts or circumstances which may affect your status as an IRS Code 501(c)(3) charitable organization.

Project Ads

Once you have been approved as a Charity, you may then establish one or more Projects to be promoted for Donations through the Site (each such advertisement a “Project Ad”). You will be entitled to post one (1) Project Ad per Project publicized through our Site. Unless you have separately contracted with us to provide you marketing consultation at an additional fee, you are responsible for preparing and posting the content of your Project Ads. Requests for marketing consultation should be directed to us at (charitysupport@bringlight.com).

All Project Ad content not provided or created by us is your responsibility, and subject to the terms and conditions herein relating to Submissions. We reserve the right at our sole discretion to remove any Project Ad which we suspect may be in violation with these Terms of Service. You hereby consent to such removal and waive any claim against us arising out of such removal.

Payment of Fees

You will be charged a fee for each Project advertised through the Site (“Project Fee”). Project Fees and payment schedules are set forth on our Help page, and are subject to revision at any time. If you place a Project Ad through our site, you agree to pay all applicable Project Fees on or before the due dates set forth in the payment schedules (“Due Dates”).

If, for any reason, your entire Project Fee is not received by Bring Light on the applicable Due Date, your access to your Charity account may be suspended or terminated. Furthermore, we reserve the right to charge you one percent (1%) interest per month on any late Project Fee payments. You agree that, even if your account access is suspended or terminated, you will continue to remain responsible for the Project Fees and interest charged thereon.

Loss of 501(c)(3) Status

If, at any time, we reasonably believe in good faith that you have lost or will, in the imminent future, lose your IRS Code 501(c)(3) status, we reserve the right to suspend or terminate your Charity account and remove your Project Ad and/or related information from our Site. You hereby consent to such removal and waive any claim against us arising out of such removal.

Donations Through our DAF

You recognize and agree that Donations are made at the sole discretion of American Endowment Foundation (“AEF”). AEF is a third party beyond our control, and thus we are not responsible for any of AEF’s actions. Furthermore, AEF has exclusive legal control of all Funds within the Bring Light Donor Advised Fund. You understand that a Donor may advise AEF to make a Donation to your Project, but it is AEF’s sole discretion as to which charitable organization will receive the Donation.

Communications with Donors

Upon registration with us, we may ask a Donor if he or she would like us to share his or her contact info with a Charity. If the Donor so indicates, we may provide the Donor’s contact info to you. You understand and represent that all subsequent communications between Donor and You are your responsibility, and we assume no liability therefor. You agree that you will not contact any User of the Site who has not consented to have his or her email address shared with you.

Indemnification

You agree to indemnify and hold Bring Light, its parents, subsidiaries, affiliates, officers and employees, American Endowment Foundation, and AEF's officers and employees harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your Project Ad, (b) any other information displayed or posted by you on the Site, (c) any communications between you and Donors relating to the Site or your Projects, (d) any activities arising out of use of your account, or (e) infringement by your Project Ad or other of your content, of any intellectual property or any other right of any person or entity. Bring Light reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Bring Light in asserting any available defenses. This indemnification is meant to act in addition to the Indemnification set forth above under Terms Applying to All Users.